Hayes: Let me tell you what’s wrong with Issue 1

No state law may make possession or use of drugs a felony offense (potentially punished by prison time). These offenses under Issue 1 will be classified misdemeanors (potentially punished by local jail time under current law). Under the amendment’s provisions a person could possess as much as 19 grams of Fentanyl and only be charged with a misdemeanor. Nineteen grams of Fentanyl is enough to kill 9,500 individuals.

Many severe drug possession offenses (presently felonies but under Issue 1 classified as misdemeanors) could only be subject to a penalty of probation (no jail) time. This provision applies to an individual’s first or second offense that might occur within a 24-month period. So, a college student arrested for underage consumption of alcohol could face a stiffer penalty than one arrested for the first time for possessing 19 grams of Fentanyl, enough to kill 9,500 people.

Those convicted of crimes such as armed robbery, vehicular homicide, arson, drug trafficking, domestic violence and child pornography would be eligible to receive a reduction of 25 percent toward their sentenced time by PARTICIPATING in rehabilitative, work, or educational programs. This provision might release as many as 10,000 felons who are now in prison. Notice, a convicted felon gets credit for participating, not completing, these self-improvement programs. Issue 1 would also give an additional credit of 30 days off the court-imposed sentence for completion of a program. A gang member who shoots up the wrong house and hits a small child and her grandmother, but doesn’t kill them, who gets a 20 year sentence and “participates in a program”, could get five years off his sentence.

Issue 1 is a Constitutional Amendment and may only be amended or corrected by another Constitutional Amendment. Because of new illegal drugs coming on the market there is no way to know what changes in the law may become necessary. Issue 1 would make it very difficult to change the law since the legislature would have no power to make needed changes as circumstances change. This raises the question of the motives of those who propose Issue 1 by Constitutional Amendment when such a proposal could be presented as an Initiative Petition, which, if approved, would be subject to amendment by the legislature, as needed, over time.

There are many more reasons to oppose Issue 1. To get more information go to www.votenoprotectohio.com where you will also see a long list of organizations opposed to Issue 1.

Locally, the Licking County Chamber of Commerce Board of Directors has voted to Oppose State Issue 1.

Bill Hayes is the Licking County Prosecutor.

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